Study Of Anti-family Violence Law System In China

The family is part of the society,and the family is the harbors of our lives.However,family violence is the storm that can tear the family apart.In the 2000-year feudal society of our country,the male chauvinism enjoys popular support,which make the public subconsciously think that man's status is higher than the women.The children should be by the parents' discipline in their own way.Laws should not get involved.Evan an upright official finds it hard to settle a family quarrel is also the government's basic thinking model when dealing with the family violence.However,with the development of the society and the feminist movement goes deep,and the women have higher status,the problems that the vulnerable groups will meet,such as women legal rights and the nonage protection problems are getting higher and higher public attention.Anti-family violence is a problem that the countries all over the world pay attention to.Many countries have formulated the relevant laws.Answering violence with law is a irreversible trend.Thus,on Dec 27 th,2015,the Standing Committee of the National People's Congress has past the Anti-family Violence Law.This is the first law about the family violence in our country.It's an other legislation embody of our efforts in safeguarding the human rights.It's a progress of the rule of the law.There are still some people against the law,which think that it refers to the problem that the public power intrude into the private right.For this problem,the author think that it's not just a personal problem when this violence has impact the development and the harmony of the society,because it has impact the others' lives.The law can standardize and prevent the taking place and improvement of the family violence.The private right might be violated.Seen from the anti-violence experience all over the country and pilot results before we formulating the law,law is necessary and can get good result.The essay is divided into five parts to discuss the family violence problem.In the first part,the concept of the family violence is introduces.It referred to the behavior that some people in the family do harm to the other family member on body,spirit,sex etc.by hitting,binding,confinement,slaughter or other methods.Secondly,by analyzing the examples such as Li Yang,Dong Shanshan etc.to analyze the reason why family violence coming out.Thirdly,the characteristics of family violence,the subject's specificality,the behavior's elusive,the measure's diversity,and the difficulty of obtaining the evidence are analyzed to point out the perniciousness of family violent.In the second part,the reason of the family violence is analyzed.Historical culture,social economy,home growth environment and personal factors are taken into account.In the history,our country has long been in the control of feudal regime.Masculine concept and paternity concept have been around.Males are dominant economically,which make women rely on their husbands,and the under-aged children are all the more so.The home environment has long impact on the people's life.The seed of family violence will be embedded into the juveniles' heart.He will also use violence to solve the problem and inherit the family violence.In the third part,by analyzing our existing legislation and juridical practice and comparing the anti-family violence legislation and juridical practice in Taiwan District,America,UK,and Japan.It shows that we are still short of other supporting measures,while they have some more thorough ones.America has the best of all.In the forth part,by comparing and analyzing the opinions in the chapters above,the disadvantages in our laws are pointed out.Taking an example that,there's no distinction between family violence and common violence on illegal consequences.It cannot embody the specification of family violence.There's no supporting measures on prevention system and personal protection order,which make it difficult to use in the maximum utility.In the second part of this chapter,the disadvantages in jurdical practice,such as the shortage of the people of the law enforcement officers.The law enforcement people are not professional enough.The second part of this chapter is mainly about the perfection of the legal system and the supporting laws.When carrying forward in the juridical practice,the government should pay more attention and take more duty.The structure of the law enforcement team.The number of the law enforcement should get increased and the professional quality should get increased.The fifth part is the conclusion.The process from the draft to official law is introduced.Although it still needs to be perfected,it's the first step in the construction of out country.It embodies the improvement of our country's legal construction.